Lawyers have revealed the top three reasons families go to war over inheritance as worsening delays in the probate system put pressure on those left behind and hoping for a share of a legacy.
With probate cases in the UK rising by over 30% in the past five years, more families are finding themselves stuck in legal limbo, facing frozen assets, growing tensions and, in many cases, full-blown litigation.
A backlog is leaving people stranded in the probate process for months – one lawyer has seen a case waiting for a year.
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David McGuire, partner and specialist in disputed wills, trusts, and estates at law firm Weightmans, said: “Delays in the probate system aren’t just an administrative headache – they can potentially be a fertile breeding ground for costly inheritance disputes.
“When probate is stalled, the risk of conflict rises. Delays in the probate process can potentially provide more time for rising family tensions to boil over, or for disgruntled family members to take action on their grievances.”
Family court statistics for the first three months of 2025 show that probate grants – a legal document that confirms the authority of an executor named in a will to manage the deceased’s estate, access bank accounts, sell assets, and settle debts – took just two weeks on average to get.
But probate grants marked as “stopped” took significantly longer, an average of 13 weeks to issue. A probate grant can be stopped when there is missing information in the application or a dispute involved in the distribution of the deceased’s estate.
“That 13-week period is just an average and in our experience some niche grant applications are taking over 12 months. That gap in processing time again creates opportunity for tension, especially in families where trust is already fragile,” said McGuire.
Why families fight over inheritance
When the distribution of estates stalls, whether due to probate delays or family tensions, they can do so for a whole host of reasons and claims, but McGuire said disputes tend to follow a familiar pattern.
The most common claims fall into three broad categories: challenges to the validity of the will, claims under the Inheritance (Provision for Family and Dependants) Act 1975, and arguments over how the estate is being administered.
Validity challenges – which can often hinge on whether the deceased had the mental capacity to make a will, or whether they were unduly influenced by another family member – “tend to be the most emotionally charged and complex to evidence”, said McGuire.
Approximately 10,000 individuals contest wills annually in England and Wales.
This figure could rise further with new complexities around inheritance tax rules, which will see pensions included in the estate for tax purposes from 2027. On the other hand, a well drafted will can help reduce the inheritance tax bill your loved ones pay.
Inheritance Act claims, by contrast, focus on financial need, brought by individuals – often spouses, adult children or cohabiting partners – who feel they’ve been unfairly left out.
The Inheritance (Provision for Family and Dependants) Act 1975 allows certain individuals to make a claim against a deceased person’s estate if they believe the will or intestacy rules do not make reasonable financial provision for them.
These individuals are typically close family members or those financially dependent on the deceased. Claims must be made within a specific time frame, usually six months from the grant of probate.
But McGuire said some of the trickiest claims can arise around the conduct of executors.
“Executors are typically expected to remain neutral when conflict breaks out. But neutrality can be hard to maintain if they’re also a beneficiary,” he said.
When that dual role creates a perceived conflict of interest, executors can be under close scrutiny and, consequently, challenged. In some cases, they may ultimately be held personally liable for the costs of the dispute.
“Situations like this are surprisingly common, especially in blended families or where the will names a close relative as executor. It’s a reminder that estate planning isn’t just about tax, it’s about people,” said McGuire.
Disputes don’t just delay the process – they complicate it. When a dispute forces a return to paper-based filing – “which happens more often than people realise”, according to McGuire – delays are virtually guaranteed.
The longer an estate remains unresolved, the higher the financial and emotional cost, he said.
“Legal fees mount, relationships fray, and the value of the estate itself may erode. For families navigating these waters, early legal advice and watertight estate planning are more essential than ever,” McGuire added.
How to avoid probate disputes and delays
There’s no silver bullet when it comes to avoiding inheritance disputes, but there are clear, proactive steps that can reduce the risk.
One of the most effective tools is appointing a professional executor or trustee. Where family members double as executors and beneficiaries, the potential for conflict is high. An independent third party brings neutrality and helps maintain trust among heirs.
Structuring the estate through a discretionary trust can also help, said McGuire. This gives trustees the flexibility to respond to changing circumstances and mitigate rigid outcomes that might otherwise provoke challenges.
Lifetime gifting is another route – done properly, it can mitigate the risk of a future Inheritance Act claim if the gifting is deemed to be reasonable financial provision and avoid inheritance tax.
Allowing for a gift being made on the condition that the recipient will not bring a claim against the estate can also limit the prospects of a dispute.
“For those concerned about disgruntled relatives contesting the will, a carefully drafted no-contest clause may act as a deterrent, though it’s not foolproof,” said McGuire.
Supporting the will with a letter of wishes can also be invaluable, he added. While not legally binding, it provides context for decisions and may help defuse emotionally charged misunderstandings.
Ultimately, said McGuire, good planning doesn’t just protect the estate, it protects the people left behind.
“A clear structure, neutral administration and thoughtful communication go a long way in minimising the fallout when grief and money collide.”
